City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 2, 2025
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2025-150 Amending Ordinance 2019-115 of the Gonzales City Code (Tobacco Retailer License).
RECOMMENDATION
Staff recommends the City Council Introduce, waive reading, and read by title only Ordinance No. 2025- 150, an Ordinance of the City Council of the City of Gonzales Amending Ordinance No. 2019-115 of the Gonzales City Code (Tobacco Retailer License) to Prohibit the Sale of all Flavored Tobacco Products and to Prohibit Single Use Electronic Smoking Products; and set a Public Hearing to solicit public comments on Ordinance No. 2025-150, for June 16, 2025.
BACKGROUND
In 2019, the Gonzales City Council enacted Ordinance No. 2019-115 to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City (Attachment 1).
Senate Bill 793, upheld on November 8, 2022, prohibits a tobacco retailer from selling or possessing with intent to sell, flavored tobacco products. In a ruling issued on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products.
In addition to keeping up with tobacco control laws and business standards, this is one of the ordinances the City needs to complete to become Blue Zones Certified. Certification and intentional investment in community health and wellness, helps us improve the quality of life of our residents.
AGENDA
ITEM
22 REVIEW AND ANALYSIS
Prohibiting tobacco retailers from selling flavored tobacco products will not unduly burden legitimate business activities of retailers who sell cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of local laws by selling flavored tobacco products.
The City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate flavored tobacco product sales and use; in discouraging the illegal purchase of flavored tobacco products by minors; in promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors; and finally, in protecting children from being lured into illegal activity through the misconduct of adults.
The draft Ordinance No. 2025-150 (Attachment 2) is organized with recitals that tell the foundation, reasoning and need for the new legislation. Following the recitals, the draft ordinance introduces amended language, added language and a re-lettered sequence.
The City Council is encouraged to engage the attached Draft Ordinance and review in context with the present Tobacco Licensing regulations in place (Attachment 1- Chapter 4.70 Tobacco Licensing).
Explain the Recommendation and How it Supports the Vision Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: In 2019, the Gonzales City Council enacted Ordinance 2019-115 to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City. Prohibiting the sale of flavored tobacco products furthers these goals and objectives.
This ordinance also brings the City closer to Blue Zones Certification, which supports the community’s quality of life.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: Promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors, protects children from being lured into unhealthy habits.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: See Vision and Mission Statements above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Since this is one of the final steps to becoming Blue Zones Certified, not adopting will prevent us from becoming a certified “Blue Zones Certified Community."
FISCAL IMPACT
There is no anticipated budget impact caused by the adoption of Ordinance No. 2025-150.
CONCLUSION
Staff recommends the City Council Introduce, waive reading, and read by title only Ordinance No. 2025- 150, an Ordinance of the City Council of the City of Gonzales Amending Ordinance No. 2019-115 of the Gonzales City Code (Tobacco Retailer License) to Prohibit the Sale of all Flavored Tobacco Products and to Prohibit Single Use Electronic Smoking Products; and set a Public Hearing to solicit public comments on Ordinance No. 2025-150, for June 16, 2025.
Attachments:
1. Chapter 4.70 Tobacco Regulations
2. Ordinance No. 2025-150